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The Pneumoconiosis etc. (Workers' Compensation) (Specified Diseases and Prescribed Occupations) (Amendment) Regulations 2024
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- UK Statutory Instruments
- 2024 No. 199
- Explanatory Note
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Explanatory Note
(This note is not part of the Regulations)
Under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 (c. 41) (“the Act”) lump sum payments may be made to certain persons disabled by a disease to which the Act applies, or to dependants of persons who were so disabled before they died. The diseases covered by the Act are pneumoconiosis, byssinosis, diffuse mesothelioma, and such other diseases as are specified by the Secretary of State.
The Pneumoconiosis etc. (Workers' Compensation) (Specified Diseases) Order 1985 (S.I. 1985/2034) specifies additional diseases to which the Act applies. The Pneumoconiosis etc. (Workers' Compensation) (Prescribed Occupations) Order 2007 (S.I. 2007/2000) lists the occupations prescribed for the purpose of each disease to which the Act applies. It is a condition of entitlement under the Act that every relevant employer has ceased business. The occupations prescribed in S.I. 2007/2000 are relevant in determining whether there is a relevant employer.
Regulation 2 amends the diseases specified in S.I. 1985/2034 as follows -
a)
Primary carcinoma of the lung where there is accompanying evidence of asbestosis and/or bilateral diffuse pleural thickening has been replaced with asbestos-related primary carcinoma of the lung.
b)
Bilateral diffuse pleural thickening has been replaced with unilateral or bilateral diffuse pleural thickening.
Regulation 3 makes consequential amendments to the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 (S.I. 1988/668) to amend the definition of “disease” and remove the definition of “primary carcinoma of the lung”.
Regulation 4 makes amendments to the occupations prescribed in S.I. 2007/2000 which are relevant to determining whether there is a relevant employer.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.
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